A former motorcycle sales agent turned business rival is entangled in a Sh9.96million dispute claims pitting her and former employer, a consortium of two companies; Beth Mobility LLP and Questworks Motorlabs LLP co-owned by two partners.
According to complaints registered and documents filed in court, the petitioners allege that Beatrice Njeri Chege aged 25 years and a former sales agent of the consortium who has since established her motorcycle dealership firm, Tris Motrocycles Limited fraudulently diverted partial proceeds of 51 motorbikes.
The 51 motorbikes, some of which have since been sold out were valued Sh11.6million but the missing consignment is valued at Sh9.96million.
Tris Motorcycle was supplied the consignment to sell and earn on commission basis of between 5 per cent and 10 per cent depending on the model of the motorcycle.
They also accuse her of irregularly altering bank account details and editing invoices bearing Beth Mobility LLP letter held domiciled at Rafiki Microfinance Bank.
The consortium is jointly co-owned by Fernandez Raul Horacio Figueroa, the Managing Partner and Philip Mwangi Kamau.
Investigations by The Informer established that the matter was reported at Kilimani Police Station vide Occurrence Book Number OB/NO.29/20/12/2021.
“I do recall well that it was during diverse dates between December 1, 2020 and Novemner 30, 2021 when we gave 51 motorcycles of various brands; Zontes, Beth, CF Moto and SYM to one of our former sales agents and currently one of the dealers known as Beatrice Njeri Chege of Tris Motorcycles Limited who has two outlets known to us one in Westlands (Madona House) and Ruiru.” Part of the complaint reads in part.
Further, due to the delays in remitting the sales money, when inquired about the same, the complainant says Beatrice informed him (Raul) that some motorcycles were missing from her two outlets in Westlands Madona House and Vishnu Industrial Park in Ruiru.
She also allegedly indicated she had traveled for medication to India and Italy.
Raul through their lawyer, Nyiha, Mukoma & Company Advocates have petitioned both the office of the Director of Criminal Investigations and the Director of Public Prosecutions (ODPP) citing slow pace of investigations and review of investigations files.
Initially, after Kibera Chief Magistrate Court issued court order to warrant investigators conduct search and seizure of the remaining unsold motorcycles from a consignment of the 51 contested against Beatrice, Joey Maina Motiga, their companies, business premises and residence at Suguta Apartments in Kileleshwa, the DPP cited the evidence provided does not warrant a criminal proceeding, rather, it is a civil matter.
Consequently, immediate former head of Investigations Bureau at the DCI headquarters John Gachomo directed the investigation file be revised vide correspondence file reference number DCI/IB/SEC/4/4/1VOLLXXIV/121.
Raul has since contested the move and petitioned the DCI over delays in releasing the revised file to the DPP and its findings.
Similarly, the complainant has also petitioned DPP Noordin Haji contesting recommendation of the case as a civil matter citing alleged criminal intent of stealing by agent contrary to Section 283(A) of the Penal Code.
When contacted for comment, Beatrice, through her lawyer Hiram Christopher Advocates their client is not authroised by the entities concerned to comment over the same.
“…our client, Miss Beatrice Njeri Chege has not been charged with any criminal offence, the proceedings before the courts are civil in nature and the courts are well seized of the same.” Part of the response signed by Gachugi Nderitu of Hiram Christopher Advocates reads in part.
